Prepared by the Department of Roads, Ministry of Works and Human Settlement, Royal Government of Bhutan for the Asian Development Bank (ADB).

Transcription

1 Resettlement Planning Document Resettlement Plan Document Stage: Final Project Number: March 2007 BHU: Road Network Project Prepared by the Department of Roads, Ministry of Works and Human Settlement, Royal Government of Bhutan for the Asian Development Bank (ADB). The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or staff, and may be preliminary in nature.

2 ROYAL GOVERNMENT OF BHUTAN MINISTRY OF WORKS AND HUMAN SETTLEMENT DEPARTMENT OF ROADS Road Network Project [ADB Loan No BHU] Consulting Services for Detailed Design and Procurement Assistance (Contract No: ADB 2187-BHU/RNP/CS/01) FINAL Autsho - Garbagtang Feeder Road

3 TABLE OF CONTENTS EXECUTIVE SUMMARY 1.0 INTRODUCTION PROJECT BACKGROUND CENSUS SURVEY AND CUT-OFF DATE SOCIO-ECONOMIC PROFILE OF THE AFFECTED HOUSEHOLDS SCOPE AND APPROACH OF LAND ACQUISITION SCOPE OF LAND ACQUISITION AND COMPENSATION LAND ACQUISITION IMPACT OF LAND ACQUISITION PROPERTIES AFFECTED OPTIONS OF RELOCATION DIRECT IMPACTS INDIRECT IMPACTS ANALYSIS OF INCOME GENERATION AND IMPACT OBJECTIVES, FRAMEWORK AND ENTITLEMENT OBJECTIVE ADB POLICY ON INVOLUNTARY RESETTLEMENT BHUTANESE LEGAL FRAMEWORK ADMINISTRATIVE RESPONSIBILITY FOR LAND ACQUISITION COMPARISON OF RGOB AND ADB POLICY ADB REQUIREMENTS ON COMPENSATION FOR LAND ACQUISITION AND RESETTLEMENT THE ENTITLEMENT MATRIX AS AGREED BY BOTH ADB AND BORROWER GENDER IMPACT AND MITIGATIVE MEASURES IDENTIFICATION OF SOCIO-ECONOMIC CONDITION, NEEDS AND PRIORITIES OF WOMEN WOMEN ACTIVITIES MITIGATION MEASURES INFORMATION DISSEMINATION, CONSULTATION, PARTICIPATORY APPROACH AND DISCLOSURE REQUIREMENTS CONSULTATION DISCLOSURE OF PROJECT INFORMATION MECHANISMS FOR STAKEHOLDERS PARTICIPATION IN PLANNING, MANAGEMENT, MONITORING AND EVALUATION DISCLOSURE OF RP TO AFFECTED PEOPLE GRIEVANCE REDRESSAL MECHANISMS MECHANISMS FOR RESOLUTION OF CONFLICTS AND APPEALS PROCEDURES PROCEDURES AND TIME FRAME FOR GRIEVANCE REDRESSAL COMPENSATION, RELOCATION, AND INCOME RESTORATION ARRANGEMENT FOR VALUING AND DISBURSING COMPENSATION INCOME RESTORATION MEASURES INSTITUTIONAL FRAMEWORK MAIN TASKS AND RESPONSIBILITIES WOMEN REPRESENTATION ROLE OF NON-GOVERNMENT ORGANIZATIONS (NGOS), WOMEN S GROUPS AND COMMUNITY-BASED ORGANIZATIONS (CBOS) RESETTLEMENT BUDGET AND FINANCING DISBURSEMENT TO APS

4 11.0 IMPLEMENTATION SCHEDULE AFFECTED PERSONS IDENTITY CARD MONITORING AND EVALUATION...23 ANNEX I...24 TABLE 1.0. NAME LIST OF THE AFFECTED PERSONS (AUTSHO-GARBAGTANG 54.0 KM)...24 TABLE 2.0. PRIVATE LAND ACQUISITION...26 TABLE 3.0. TYPE OF LAND ACQUIRED...27 TABLE 4.0. FRUIT TREES/ORCHARD ACQUISITION...28 TABLE 6.0. TYPE OF WATER SUPPLY SCHEME ACQUIRED...29 TABLE 7.0. DETAILS OF CASH COMPENSATION FOR FRUIT TREES AND LANDS...30 TABLE 8.0. DETAILS OF HOUSEHOLDS (LOSS OF FRUIT TREES)...30 TABLE 9.0. DETAILS OF HOUSEHOLDS (LOSS OF STRUCTURE)...31 TABLE 10. SUMMARY OF COMPENSATION AND REHABILITATION COSTS...31 TABLE 11. FOCUS GROUP DISCUSSION HELD AT GARBAGTANG-AUTSHO,...32 TABLE 12. FOCUS GROUP DISCUSSION HELD AT CHAKALING...33 TABLE 13. FOCUS GROUP DISCUSSION HELD AT CHALI...33 TABLE 14. FOCUS GROUP DISCUSSION HELD AT MONGAR

5 ACRONYMS ADB - Asian Development Bank APs - Affected Persons BHU - Basic Health Unit BSR - Bhutan Schedule of Rates CBOs - Community Based Organizations DE - District Engineer DYT - Dzongkhag Yargay Tshogchung (District Development Committee) DoR - Department of Roads DAO - District Agriculture Officer EA - Executing Agency FR - Farm Road FO - Forest Officer GYT - Geog Yargay Tshogchung (Block Development Committee) IR - Involuntary Resettlement LRO - Land Record Officer LAC - Land Acquisition Committee MoF - Ministry of Finance MoHA - Ministry of Home Affairs MoA - Ministry of Agriculture MoWHS - Ministry of Works and Human Settlement M&E - Monitoring and Evaluation Nu - Ngultrum NGOs - Non-government Organizations PM - Project Manager RGoB - Royal Government of Bhutan RF - Resettlement Framework RWSS - Rural Water Supply Scheme 3

6 ROAD NETWORK PROJECT, BHUTAN Short Resettlement Plan for Autsho-Garbagtang (54.0 km) EXECUTIVE SUMMARY The Royal Government of Bhutan (RGoB), through the Department of Roads (DoR) of the Ministry of Works and Human Settlement, has proposed to implement the Road Network Project with the assistance of the Asian Development Bank (ADB). Project components involve the construction of four feeder roads total about 111 km. This is the Resettlement Plan (RP) for the Autsho-Garbagtang Feeder Road (or sub project) covering 54.0 km which has been revised based on reduction of road corridor from 30 m to 12 m. The Project will be guided by Resettlement Framework, which outlines the policy and the legal framework that applies to the involuntary resettlement issues of the Project and describes institutional arrangements including stakeholder consultation and disclosure of resettlement information. It will guide the preparation of resettlement plans. The Resettlement Framework takes into consideration the Bhutanese legal framework mainly the Land Act of 1979 and the Land Compensation Rate 1996, and the ADB principles on Involuntary Resettlement. This resettlement plan has been based on a full census to register and document the status of the potentially affected population of the project area. For the titleholders, the cut off date is the date of land acquisition notification. Based on the survey findings, 107 households are being affected by the road alignment but not going to be physically displaced from housing and will not experience major impacts. The APs are not loosing more than 10% of their productive assets, as there are no shops, houses to be affected by the alignment. Concerning fruit trees that are affected, they are just meant for home consumption and will be compensated according to Land Compensation Rate (1996). Most importantly, 80% of the acquired lands are un-productive and kept fallow. Only 20% of the lands are productive wherein APs produce vegetables mainly for home consumption and sale of surplus, which are in limited quantity, hence do not significantly contribute much to their annual income generation. Therefore only marginal loss in income generation is expected, that too could be recovered through shifting vegetable farming in remaining land. The construction of Autsho-Garbagtang feeder road will lead to the acquisition of acre of land. The private land to be acquired includes 1.02 acre land under shifting cultivation, 0.77 acre under wet land and acre under dry land. No structures will be affected by the alignment. Three drinking water taps, one water tank and one irrigation channel are also going to be affected, which could be easily reinstated. The project will set up a Grievance Redressal Mechanism, in the existing mechanism of local committees (Gewog Yargay Tshogchung, Dzongkhag Yargay Tshogchung), and the Dzongkhag, which will hear complaints and facilitate solutions. If the issue is not resolved, the individual/group may approach DoR through the office of the local Executive Engineer. If the issue still remains unresolved, people would have the right to approach RGoB as per traditional practices. All affected persons will be issued identity cards by the Department of Roads (DoR). The DoR will ensure that all the compensation and resettlement activities are completed prior to the start of civil works. The total estimated budget for resettlement and land acquisition is. Nu 637,

7 The DoR will conduct monitoring and evaluation of the project. The results of this monitoring will be summarized in reports that will be submitted to the project authorities and the ADB on a biannual basis. For external monitoring, the ADB will carry out review mission on a regular basis. 5

8 1.0 INTRODUCTION 1.1 Project Background The Royal Government of Bhutan (RGoB), through the Department of Roads (DoR) of the Ministry of Works and Human Settlement, has proposed to implement the Road Network Project with the assistance of the Asian Development Bank (ADB). The project has two components: a Road Sector Development Component, and a Road Investment Component. Land acquisition and resettlement issues are a concern only of the latter component. The DoR is responsible for implementing the project. The Resettlement Framework (RF) outlines the policy and legal framework that applies to the involuntary resettlement issues of the Project and describes institutional arrangements including stakeholder consultation and disclosure of resettlement information. It will guide the preparation of resettlement plans. Project components involve the construction of four feeder roads of km listed in the Table 1.1. These feeder roads will pass through more than 72 villages in different parts of the country and will benefit more than 2,300 households. Table 1.0: Feeder Roads in the Road Network Project Road Name Length (km) Dzongkhag (District) Gewog (Block) Mirchim-Bongo 16.5 Chhukha Bongo Autsho-Garbagtang 54.0 Mongar Mongar Kharthungla-Kangpara 34.5 Khaling, Kangpara, Trashigang Thrimshing Tekizam-Bjena 6.5 Wangdue Phodrang Bjena Total: The construction of these feeder roads will invariably require acquisition of private land. While most of the land required is Government owned, it is estimated that less than 10 percent of required land is private property. Given the sparse nature of settlements, it is possible to minimize the acquisition of private land. 1.2 Census survey and cut-off date One hundred percent census of the project affected households and 20 percent socio-economic households interview survey was conducted to verify the type of socio-economic activities and land, fruit trees to be acquired. The Census survey was conducted within 20 feet on either side of the centerline. The pegging of the center line was done by the DoR representative surveyor. The Census survey revealed that there were 107 Project affected households, losing land. (Refer Tables 1, 2 & 3 in Annex I) There were also persons loosing their fruit trees. No non- titleholders were affected by the feeder road alignment. 1.3 Socio-economic Profile of the Affected Households The socio-economic profile of the 107 affected households is given below: The villages under Autsho-Garbagtang feeder road which will be benefiting are as follows; Kilikhar, Thangpharing, Thongshing, Peykhar, Manchang, Kuri, Kharabshing, Konbar, Domangla, Charshong, Thempang, Chokila, Nakchang, Lungkang, Thempang, Doleptang, Kharshagang, Tormashong, Pangkhop, Theytong, Yabi, Shanshang, Legibi, Dawakarpo, Chhurcha, Peychongbi, Ludungbi, Tachhu, Garmanag, Lungkang, Tshogdang, Dazing, Nakchhang, Thumling, Dazang, Takhambi, Takham, Gumdang, Brakar, Yetobadep, Pelabrakhu, Shisenetsa, Dolaphung, Chabi, Shisinetsa and Kawachen. The average number of person per household is 6 persons comprising of male and female and children but those actually residing in each household do not exceed more than 3 persons per household. In an average of six persons were the record maintained for census record. About 50% (3 members) are almost permanently outside villages working in construction sites, roads, monasteries, civil service, arm 6

9 force and based on the information gathered during field survey they go back to their respective villages very occasionally. Therefore, all 6 members might not be considered as APs. Religion: Hundred percent of the people residing in this villages are Buddhist. The overall settlement pattern of Mongar, Chali, Chakaling, and Tshengkhar gewogs are scattered in nature and not all villages in gewogs are supplied with electricity. The roofing type of all the houses is 60% wooden and bamboo thatch and 40% CGI tin sheet. Health & Education: There is one high school located in Mongar town, which can be access by almost all the villages as the villages are not located far from the town. Apart from education, there is on-going construction of referral hospital in Mongar town. Therefore, health care should not be a constraint in near future. Water scheme; With regards to drinking water, the villagers have been facilitated with drinking water tap located just about 10 meters from their houses. In contrary to this available facility, there are no public drainage systems or any toilets.. Cash crops; Ninety percent of the villagers occupation is related to agriculture production. The main cash crops are chilies and vegetables. The types of vegetables being sold are cabbages, beans, peas and radish. The APs also sell livestock production. The annual income generated by the villagers ranges between Nu to as high as Land holding; The average size of land owned per family is 2.0 acre and maize is ranked as top ranking followed by chilies. The vegetables are being sold in Mongar town and the source of transportation is horse and back load. The average cultivable land is between 1.0 to 2.0 acre, which comprised of dry land and wetland. Maize is the major cereal crop Social Stratification From the interview survey, there is only one APs having more than 10.0 acre of land and rest of the APs are having less than 10.0 acre of dry land. Households details The average family size amongst the affected family is 6 persons according to the census status but not all members are residing in their villages and thus not considered as affected persons. The total areas of immovable property such as land are calculated in an average as 2.0 acre. Basically, the land under dry land for agricultural production is 2.0 acre in an average and about 0.5 acre land is kept fallow. About 0.15 acre land are being utilized for backyard vegetable production. The types of movable assets ownership of the gewogs in average include two cows and three oxen owned by the villagers. The dairy products such as milk, cheese, butter are consumed locally and surplus produce are sold to nearby market. The oxen are used only for draught purpose. There are also horses that are mainly used for carrying agricultural products to market and bringing in goods from market. Ninety percent of the villagers own radio as a source of news receiving media. Through radio, people can be reached with new agriculture technology know-how. Bhutanese people are in general subsistence agriculturist and some food items are bought from the market. This pattern of buying food items is because of insufficient and inadequate production due to perhaps less land holdings and difficult terrain. Cooking fuel such as fuel wood is not purchased and is abundantly available from the wilderness (forest areas). The villagers spent more money on educating their children followed by social functions. There is no evident that the villagers purchase agriculture seeds nor purchase agriculture tools and implement. Women Headed households Women headed households were also identified. The ADB requirements as set in the Guidelines for Incorporation of Social Dimensions in Bank Operations, the household survey interview investigated women-specific households activities. The objective of the interview survey focused mainly to identify the activities being carried out and constraints faced by the women and their role in participating in developmental activities. The result of the investigation which indicates that women spent more time on: 7

10 purchasing household items from market (2 hours) collection fuel wood (1-2 hours) medical assistance and (2-3 hours) child rearing Nevertheless, an important decision maker of the houses are both male and female and female does purchasing of household items and travel a considerable distant of 5-10 km in an average monthly. Women also actively participate in agricultural activities like transplanting upland paddy, broadcasting maize and wheat, weeding, harvesting and post harvest. For medical assistance, women travel to Basic Health Unit (BHU) which takes about 3 hours on foot to cover 5-10 km. Other Vulnerable groups No any handicapped households were observed during the household interview survey. 2.0 SCOPE AND APPROACH OF LAND ACQUISITION 2.1 Scope of Land Acquisition and Compensation The RGoB acquires privately owned land for public purpose under the principles of eminent domain. The Government will acquire privately owned land under the prevailing Land Act, 1979 (amended in 1991) for the purpose of construction of feeder roads. Based on the road alignment, few privately owned land (wet land, dry land and some other land under shifting cultivation), and fruit trees having economical values will be affected which needs to compensated as per Land Compensation Rates 1996, Land Act of Bhutan 1996 and BSR Agricultural land: Wetland- Nu. 35, per acre Dry land Nu. 20, per acre Shifting cultivation Nu. 5, per acre Pasture land Nu per acre The above rates are applicable for both sale and purchase to enable the people to purchase excess land at affordable rates. Compensation on land will be based on entitlement matrix and laws of the Country. The Land Act (1979) indicates that when private landholdings are acquired for public purposes, compensation is paid to the owner based on the area registered in the Tharm. As far as possible, affected private landowners are entitled for substitute land even if they have other land recorded in his/her Tharm. However, if small part of his/her land is affected (less than 0.05 acre) then cash compensation is more appropriate as replacement for a small piece of land will serve no purpose. Currently, cash compensation is paid according to Land Compensation Rate In case the Government acquires a house/structure for public purpose, the compensation for any category of house whether built with RCC/brick/ stone masonry or in traditional style, shall be paid on the basis of valuation carried out in each case by a qualified engineer of DoR at the prevailing Bhutan Schedule of Rates (BSR 2005). The compensation for fruit trees are also worked out based on age wise compensation rate as indicated in Annexure C and D of Land Compensation Rates Land Acquisition There are in total 107 affected persons and total area to be acquired is acre. The types of land acquired are wetland, dry land and shifting cultivation. Ninety percent of land (16.49 acre) to be acquired are dry land where people grow maize, buckwheat, chilies, and some vegetables. The Tsheri lands (shifting cultivation) are all unproductive perhaps due to steep terrain and its location near forest area where damage of crops by wild animals is obvious and a common issue. 8

11 There are nine APs whose total land holding is less than 1.0 acre. All the nine APs opted land for land compensation. There are however, ten APs whose land to be acquired is less than 0.05 acre. In such cases, replacing 0.05 acre land is quite cumbersome and may not be feasible. Therefore, cash compensation is a better option in such cases. Four percent of the APs will be loosing wetlands and six percent APs loosing land under shifting cultivation, which are normally called as Pangzhing and Tsheri. This means only six percent people cultivate their land under shifting cultivation for one year and keep the land fallow for about three years and in case of Tsheri land, land are un-terraced and steep, cultivated once every 4-6 years. 2.3 Impact of Land Acquisition Efforts have been made to minimize impact of land acquisition. The APs will be compensated at replacement costs for loss of land. The immediate impacts of land acquisition foreseen in the construction of the Autsho-Garbagtang feeder road are: loss of land loss of fruit trees having economical values Table 1.1: Extend of loss of land S. No. Extent of loss (land) Number of Affected Households 1 <10% % % % - 5 >75% - Total 107 The types of fruit trees to be acquired are Plum, Peach, Oranges, Passion fruits, Walnut, Bananas, Anangphu, Tree tomatoes, Gundum and Pomogranute. (Refer Tables 4.0 and 8.0 in Annex 1). 2.4 Properties Affected There are no shops/structures being affected by the alignment and thus not a single AP is going to be displaced due to land acquisition for road construction. Only three drinking water taps and one water tank will be affected by the alignment. (Refer Table 6 in Annex I). 2.5 Options of Relocation The entitlements for the directly affected person s are mainly for loss of land and fruit trees. The substitute land options made by the APs were recorded as land for land (91%) and cash for land (9%) and almost all the APs have identified their substitute land near to their present settlement. From the total 107 numbers of APs, 10 APs opted cash for land. Upon inquiry, the reason was as follows; land not productive and located in difficult terrain; wild animal infestation; less manpower to work in the field; land located far from their present dwelling; land located near forest; maximum land holding; 2.6 Direct Impacts The entitlement for the directly affected person s includes mainly for loss of land and loss of fruit trees. loss of land (wet land, dry-land, shifting cultivation): Nu.180,

12 Sl. No. loss of fruit trees; Nu. 79, Therefore, the amount payable to the APs stands as Nu.2, (Refer Tables 7 & 10 in Annex I). 2.7 Indirect Impacts During the survey, APs were asked about the existing wage laborers (both working in field and working as a porter), to find out about the indirect impacts, mainly the loss of livelihood of the wage laborers. It is assumed that once the road is constructed there will be power tillers and tractors that will affect the livelihood of the wage laborers, as there will be no field work for them. Even the horse owners, earning through porter, providing ponies would sustain a loss of their livelihood, as there will be taxis and other modes of transportation plying through the feeder road. However, from the survey, no conclusion was reached about these impacts. 3.0 ANALYSIS OF INCOME GENERATION AND IMPACT The annual income generation of the APs is mainly contributed by wage, agriculture, livestock and remittance as seen from Table 1.2. Although income from agriculture seems significant, however loss in income due to land acquisition will not be there as vegetables contributing to agriculture income could be easily grown in remaining lands. Hence productive loss in income is not expected. Table 1.2: Production loss Name Village Type of land acquired (wetland/d ry land/orch ard) Total land holding as per Tharm (acre) Total land acquired (acre) Total land Acquired (%) Wage (Nu) Cereals (Nu) Type of Annual Income (Nu) Agriculture Vegetables (Nu) Remittanc e/land situation Livestock Product (Nu) 1 Mrs. Tshewang Kilikhar Wetland Fallow - None Lhamo 2 Mrs. Dawa Thangpharing Wetland None 3 Mr. Thinlay Thongshing Wetland Noone - - Fallow - None at home 4 Mrs. Lekey Peykhar Dry land None - - Fallow - None % loss 5 Mr. Dawa Peykhar Wetland Fallow - None 6 Mrs. Lungki Manchang Dry land Fallow 6000 None 7 Mrs. Kinzang Manchang Dry land Fallow 4800 None Lhamo 8 Mrs. Sangay Peykhar Dry land Fallow - None Wangmo 9 Mrs. Dechen Kuri Dry land None Chedon 10 Mrs. Jeydon Konbar Dry land No None one at home 11 Mr. Pulu Kuri Dry land Fallow 2400 None 12 Mr. Karma Thongshing Wetland Fallow - None Gyeltshen 13 Mr. Wangchuck Thongshing Wetland Fallow 3000 None 14 Mr. Choeda Kharabshing Wetland Fallow - None 15 Mrs. Chungkumo Menchagang Dry land Fallow - None 16 Mrs. Pamo Konbar Dry land Fallow 6000 None 17 Mrs. Choeten Konbar Dry land Fallow - None 18 Mrs. Ngawang Konbar Wetland Fallow - None 19 Mrs. Sangay Konbar Wetland None Dema 20 Mr. Thinlay Konbar Dry land None 21 Mrs. Lhamden Konbar Dry land None TOTAL ACQUIRED LAND:2.67 ACRE. GEWOG: CHALI, DZONGKHAG: MONGAR 1 Mrs. Ugyenmo Domangla Dry land None 2 Mrs. Sangaymo Charshong Shifting Fallow 6000 None cult. 3 Mrs. Kinzangmo Charshong Shifting cult Fallow - None 4 Mr. Pema Charshing Dry land None Tenzin 5 Mrs. Wangmo Thempang Dry land None 6 Mrs. Dema Chokila Dry land Fallow - None 7 Mr. Thinlay Nakchang Dry land None Tobgay 8 Mrs. Kinzang Lungkang Dry land None Chedon 9 Mrs. Chimi Lungkang Dry land None 10

13 Yangdon 10 Mr. Sithar Thempang Dry land None 11 Mrs. Rinzinmo Chokila Dry land None TOTAL ACQUIRED LAND: 2.62 ACRE. GEWOG: CHAKALING, DZONGKHAG: MONGAR 1 Mrs. Leptangmo Doleptang Dry land None 2 Mr. Karma Kharshagang Dry land Fallow 1800 None Dechen 3 Mr. Wangdi Kharshagang Dry land Fallow 3000 None Jamtsho 4 Mrs. Yeshey Kharshagang Dry land None Lhadon 5 Mr. Sangay Tormashong Dry land None Tshering 6 Mr. Tshering Pangkhop Dry land Fallow 1200 None DoRji 7 Mrs. Tandin Doleptang Dry land Fallow 1200 None Tshomo 8 Mrs. Sithar Theytong Dry land None Cheyzom 9 Mrs. Netenmo Yabi Dry land Fallow 1800 None 10 Mr. Tenzin Yabi Dry land Fallow 1200 None DoRji 11 Mrs. Kelzang Yabi Dry land Fallow 1200 None 12 Mr. Ugyen Shanshang Dry land Fallow - None Tshering 13 Mr. Chipa Yabi Dry land Fallow 6000 None Wangchuck 14 Mr. Sithar DoRji Thashong Gyenpa Dry land Fallow 8400 None 15 Mr. Tshering DoRji 16 Mrs. Tashi Zangmo Thashong Dry land Fallow 6000 None Gyenpa Legibi Dry land None 17 Mr. Lhatu Legibi Dry land None 18 Mr. Pema Dawakarpo Dry land Fallow 1800 None Tshering 19 Mr. Tsheringla Chhurcha Dry land Fallow 1200 None 20 Mrs. Tshering Legibi Dry land Fallow - None Yangzom 21 Mr. Chimi DoRji Legibi Dry land Fallow 1200 None 22 Mr. Pema Peychongbi Dry land Fallow 2400 None Tshewang 23 Mr. Cheni Peychongbi Dry land None Tenzin 24 Mrs. Tshering Ludungbi Dry land None Chedon 25 Mrs. Tenzin Tachhu Dry land None Wangmo- 26 Mr. Ugyen Legibi Dry land None 27 Mr. Geymola Garmanang Dry land None 28 Mr. Jau Doleptang Dry land Fallow 3000 None 29 Late. Pema Chhurcha Dry land None Chozom 30 Late.Chegyelmo Lungkang Dry land None 31 Late DoRji Dawakarpo Dry land Fallow 1200 None Tshering 32 Late Pema Tshogdang Dry land Fallow 3000 None Cheyzom 33 Mr. Rinchen Yabi Dry land None DoRji 34 Mrs. Kinzangmo Tshogdang Dry land None 35 Mrs. Chimi Dema Dazang Dry land Fallow 3000 None 36 Mrs. Yangchen Nakchhang Dry land No None one 37 Mrs. Uyen Thumling Dry land None wangmo 38 Mr. Melam Dazang Dry land Fallow None Tshering 39 Late Tashi Legibi Dry land None Rabgyel 40 Mr. Tshewang Legibi Dry land None Namgay 41 Mr. Nado Takhambi Dry land Fallow None 42 Mrs. Ngoleymo Takhambi Dry land None 43 Mrs. Yesheymo Takhamtey Dry land Fallow 2400 None 44 Mrs. Kinzangmo Takhambi Wetland Fallow 3600 None 45 Mrs. Rinzinmo Takham Dry land Fallow - None 46 Mr. Ugyen Takhambi Dry land Fallow 1800 None Thinley 47 Mrs. Tsangamo Takhambi Dry land Fallow 3600 None 48 Mrs. Ngedupmo Takhambi Dry land Fallow 6000 None 49 Mr. Sangay Takhambi Dry land Fallow 2400 None Thinley 50 Mr. Lepo Takhambi Dry land Fallow 1200 None 51 Mr. Wangchuck Takhambi Dry land None 52 Mr. Dakpa Takhamtey Dry land None 11

14 53 Mrs.Tshewangm Takham Dry land None o 54 Mr. Tenzin Takhambi Dry land None Zamtsho 55 Mr. Ugyen Gumdang Dry land None DoRji 56 Mrs. Sangay Gumdang Dry land None Wangmo 57 Mrs. Tshering Gumdang Dry land None Dema 58 Mr. Ugyenla Takham Dry land None 59 Mr. DoRji Gumdang Dry land None TOTAL ACQUIRED LAND:11.18 ACRE GEWOG: TSHENGKHAR, DZONGKHAG: LHUNTSE 1 Mr. Penjore Gumdang Shifting cult Fallow - None 2 Mr. Ngedup DoRji 3 Mrs. Karma Choezon 4 Ms. Tsjewang Dem 5 Mrs. Tashi Wangmo Brakar Shifting Cult Fallow 3600 None Brakar Shifting Fallow 1800 None Cult. Yetobadep Dry land None Pelabrakhu Dry land Fallow - None 6 Mr. DoRjila Pelabrakhu Shifting Fallow - None cult. 7 Mrs. Zangmo Pelabrakhu Dry land None 8 Mrs. Tenzin Pelabrakhu Dry land None Wangmo 9 Mr. Kezang Shisineysa Dry land None 10 Mrs. Dechen Dolaphung Dry land Fallow - None Wangmo 11 Mr. Ugyenla Pelabrakhu Dry land None 12 Mr. Rinzin Pelabrakhu Dry land None 13 Mrs. Chabi Wangmo Chabi Shifting cult Fallow - None 14 Mrs. Keibamo Shisineysa Shifting Fallow - None cult. 15 Mrs. Wangmo Kawachen Shifting None Cult. 16 Mr. Wangchuck (gurula) Pelabrakhu Dry land None TOTAL APs=107, TOTAL LAND ACQUIRED=18.28 acre 4.0 OBJECTIVES, FRAMEWORK AND ENTITLEMENT 4.1 Objective The purpose of this document is to present a short resettlement plan indicating the extent of losses, the policies and legal framework, provision for compensation and assistance and responsibilities in delivering and monitoring the implementation measures. Further, the purpose of this report is to provide a resettlement plan and strategy for the land to be acquired and likely resettlement and rehabilitation of the affected persons, in the proposed feeder road. This report mainly explains approach to be followed in minimizing and mitigating negative community and economic impacts caused by the construction of feeder road. The most important element of the Resettlement Plan is to make sure that the affected persons are compensated well before the construction of the feeder road and to be provided with rehabilitation measures to improve or maintain their pre-project livelihood. 4.2 ADB Policy on Involuntary Resettlement The ADB s policy guidelines on displacement and compensation are described in the Policy on Involuntary Resettlement (1995) and in the Handbook on Resettlement (1998). The aim and objective of the ADB Policy on Involuntary Resettlement is to minimize or avoid the impacts created on people households, business and others affected by the land acquisition required by the project. The ADB s main policy guidelines are summarized below: Involuntary Resettlement (IR) should be avoided or reduced as much as possible by reviewing alternatives to the Project; 12

15 Where IR is unavoidable, AP should be assisted to re-establish themselves and improve their quality of life; Gender equality and equity should be ensured and adhered to; AP should be fully involved in the selection of relocation sites, livelihood compensation and development options at the earliest opportunity. RP should also be prepared in full consultation with APs, including disclosure of RP and project related information; Replacement land should be an option for compensation in the case of loss of land; in the absence of replacement land, cash-for- land compensation should be an option available for each AP; Compensation for loss of land, structures, other assets and income should be based on full replacement cost and should be paid promptly. This should include transaction costs; All compensation payments and related activities should be completed prior to the commencement of civil works; RP should be planned and implemented with full participation of local authorities; In the event of necessary relocation, APs should be assisted to integrate into host communities; Common property resources and community/public services should be provided to AP; Resettlement should be planned as a development activity for the AP; AP who do not have documented title to land should receive fair and just treatment; Vulnerable groups (households below the recognized poverty line; disabled, elderly persons or female headed households) should be identified and given appropriate assistance to substantially improve their living standards. 4.3 Bhutanese Legal Framework The primary legal instruments for Land Acquisition and Resettlement in Bhutan are the Land Act (1979 and amended in 1991) and the Land Compensated Rates (1996), which regulate ownership, sales and the compensation payable by the Royal Government when land is required. The Land Act provides the acquisition mechanism for land and other property falling under the eminent domain whenever required for a public purpose, that is, for the benefit of the country. The Government, based on laid down classification and regulations, will pay compensation for such land ( Land Act, Ka 6.8 and Land Compensation Rates, 1996). If the family loses land and become endangered, the government will compensate that family as per the law and also will provide substitute land free of cost ( Land Act, Ka 6.9) The major part of land in the country is Government owned. The law indicates five acre as the minimum landholding for a family/household irrespective of its size. This is the area considered to be the minimum for a family to live above the given poverty line. To be legal, all land holdings must be registered in the Tharm and changes in the Tharm must be carried out according to the laid down Act. No individuals are allowed to own more than 25.0 acre land comprising wetland, dry land, shifting cultivation, pastures land, private forest land and cash crop gardens (Land Act, Ka 3.4). The law prohibits normal land sales transactions with family that possesses five or less acre of land (Land Act, Ka 5.6)- though one member family-titleholder-possessing less than five acre of cultivable land, can sell. However, if he/she becomes landless due to this action, he/she will not be eligible for a new grant of land from the Government (Land Act, Ka 5.6). The law, however, nullifies this latter clause, if a titleholder with 1 to 2 acre of land wishes to join the National Work Force (NWF) or the resettlement programme of the Government (Land Act Ka 5.6). In rural areas only, a family is also entitled to 0.5 acre for the construction of a house on land registered in their name without paying Annual Land Tax (Land Act. Ka 4.7). 4.4 Administrative Responsibility for Land Acquisition The Dzongkhag (District) Administration of the RGoB issues notifications to the individual property owners for the acquisition of private land for any public purposes. Land is acquired by a Land Acquisition Committee (LAC) instituted for the purpose, consisting of a representative each from the following Ministries. 13

16 Ministry of Finance (MoF) Ministry of Home Affairs (MoHA) Ministry of Agriculture (MoA) Ministry of Works and Human Settlement (MoWHS) The Concerned Municipality The DoR, (MoWHS) as the project proponent, is fully responsible for the implementation of the social safeguard measures proposed in this document as well as for making payment for compensation. The DoR is mandated to send cheques to the respective Dzongkhags for disbursement of the compensation to affected persons in the given Dzongkhags. The latter, on its part, then makes cash payment to the affected persons. 4.5 Comparison of RGoB and ADB policy Table 1.3: Comparison of RGoB and ADB Policies Bhutan Land Act and Land ADB Policy Compensation Rates Rural Areas Substitute land will usually be found Replacement land or full replacement value cash compensation according to owner s choice Cash compensation will be Nu. 35, per acre for wet land and Nu. 20, for an acre Full value cash compensation might be about 10% higher than government rates. of dry land. No compensation will be made if the land is not Compensation required for all occupiers registered in the Tharm No compensation will be entertained for illegal or temporary structures Full compensation for illegal or temporary structures. 4.6 ADB Requirements on Compensation for Land Acquisition and Resettlement The ADB s Policy on displacement and compensation is described in the Policy on Involuntary Resettlement (1995) and in the Handbook on Resettlement (1998). It is important to note that ADB policy covers all categories of Affected Persons (APs) and requires the implementing agency (viz. the DoR) to pay for all land and all other assets affected by the project and to implement measures for income restoration. The Bank recognizes that Land Compensation and Resettlement Policies vary widely among its member countries and that each has its own framework for land acquisition. In most countries, this framework defines procedures for land expropriation and for compensation. When comparing these policies to those of the ADB, it is important to note that the ADB policy: does not distinguish between those who do and do not have formal legal title to their assets and emphasizes the need for replacement costs for lost assets, but also measures to restore living standards and livelihoods so that people are not disadvantaged by resettlement. The ADB Handbook on Resettlement specifically notes the need to review: land compensation practices vis-à-vis replacement costs; compensation for structures, businesses or commercial premises and other immovable assets; compensation for crops and trees; assistance for impact on employment and incomes, including income restoration; provisions for land and other income generating resources; house plots at resettlement sites and house building assistance; social services, amenities, transfer costs and subsistence allowances to allow re-establishment; and group specific income restoration plans, where appropriate. 14

17 4.7 The Entitlement Matrix as agreed by both ADB and Borrower Table 1.4: Entitlement Matrix Type of Loss 1.Agricultural land by titled owners (private property) 2. Homestead and commercial land (private property) 3. Residential and commercial structures by owners (private property) 4. Tenant residential Application Land on the project right of way (ROW) Land on ROW Structure within the ROW Affected by ROW Definition of APs Titleholders Land-for-Land Titleholders Owners of structures Entitlement Responsibility Remarks Compensation at replacement cost. Compensation at replacement cost. Compensation at replacement cost. Dzongkhag, DoR and Agriculture Department Dzongkhag and DoR Dzongkhag and DoR Tenant Compensation Dzongkhag and DoR 1. The difference between the compensation determined by the Dzongkhag and the replacement value determined by the Block Development Committees will be paid as a productive asset grant in kind by the project. 2. If a portion from the total land holding of the individual is acquired by the project, the following options will be given: The AP keeps the remaining land and the compensation and assistance is paid to the AP for the land to be acquired. If the AP is from a vulnerable 1 category, compensation for the entire land is by means of landfor-land if preferred by the AP, provided that land of equal or better productivity is available. Land for land or cash compensation. In case of developed land being acquired and substituted by an undeveloped land, the owner in such cases shall be compensated with half the cost land for land development purpose. In case the owner is endangered of becoming landless, the affected owner will be compensated the cost of land as per the Land Compensation Rates as well as substitute land free of cost. Cash compensation as per Land Compensation Rates approved by the National Assembly and any revision thereof. The difference in the replacement value will be covered by assistance in kind by DoR. 1. Cash compensation to be paid by the Dzongkhag. 2. The amount of depreciation deducted by the Dzongkhag will be covered by way of assistance in kind by DoR. 3. DoR will help in shifting and in rebuilding the structures of the owners. 1. The amount of deposit/advance paid to the landlord or the remaining amount at the time of acquisition (to be deducted from the payment to the landlord) is to be based on Tenancy Act of RGoB The tenant has the right to salvage material from the demolished structure. 3. DoR will assist in shifting and in rebuilding the structures of the tenant. 1 households below the recognised poverty line; disabled, elderly persons or female headed households 15

18 Type of Loss 5. Tenant - commercial 6. Income from business or land through wages and other employment 7. Annual / seasonal crops 8. Perennial cash crops Application Affected by ROW Households affected by ROW Households affected by ROW Households affected by ROW 9. Encroachers Households affected by ROW Definition of APs Entitlement Responsibility Remarks Tenant Compensation Dzongkhag and DoR 1. The amount of deposit/advance paid to the landlord or the remaining amount at the time of acquisition (to be deducted from the payment to the landlord) is to be based on Tenancy Act of RGoB The tenant has the right to salvage material from the demolished structure. 3. DoR will assist in shifting and in rebuilding the structures of the tenant. Individual Lump sum DoR 1. Persons directly affected by project will be given priority by DoR to re-employ during the implementation of project. 2. One time economic rehabilitation grant (in the form of 3 months wages) for vulnerable groups per household. Household Household Household Notice to harvest standing crops Compensation following Govt procedures. No compensation for land; assistance to vulnerable households Dzongkhag, DoR and Agriculture Department Dzongkhag, DoR, Agriculture Dept. Dzongkhag and DoR Compensation for lost crop will be paid as per the Land Compensation Rate. The difference between the Land Compensation Rate and the market price for lost crop will be covered by providing free seeds and seedlings. Compensation for tree cash crops will be based on Land Compensation Rate and the existing procedure of the Ministry of Agriculture which supports the compensation in cash for lost of income from the cash crops. One time economic rehabilitation grant (in the form of 3 months wages) for vulnerable encroachers (e.g., households below the poverty line) will be assisted. 10. Structures by squatters and informal settlers Households affected by ROW Household No compensation for land; compensation for structure at replacement cost and other assistance Dzongkhag and DoR 1. The squatter has the right to salvage material from the demolished structure. 2. DoR will assist in shifting and in rebuilding the structures for the squatters. 3. One time economic rehabilitation grant (in the form of 3 months wages) for vulnerable groups per household. 11. Primary source of income Households affected by ROW Individual Assistance for income restoration Dzongkhag and DoR 1. One time economic rehabilitation grant (in the form of 3 months wages) for vulnerable groups per household. 2. Preferential employment in the project, especially for women and the poor. 12. Community infrastructur e and amenities Affected by ROW Community Replacement Dzonkhag and DoR 1. Cultural properties will be conserved by special measures such as relocation, replacement in consultation with the community. 2. Compensatory afforestation will replace loss of trees. 13. Other impacts not identified Households affected by ROW Individual Additional assistance Dzongkhag and DoR Unforeseen impacts will be documented and mitigated based on the principles agreed upon in this policy framework. 5.0 GENDER IMPACT AND MITIGATIVE MEASURES 5.1 Identification of Socio-economic condition, Needs and Priorities of Women Mongar: The settlement pattern of Mongar gewog is scattered, which excludes Mongar town. The exact figures of the population could not be derived, as the Gup was not available during the time of 16

19 survey. However, from the questionnaire analysis, about 7 members are the average family members in Mongar gewog but not all the members are residing in their villages as many members go out in search of better job in construction sites and never go back to their villages. However, in strict sense, they are not considered as affected persons and not going to be physically displaced from housing. Education: There is one high school located just above Mongar town, which can be access by almost all the villages as the villages are not located far from the town. Apart from education, there is on-going construction of referral hospital in Mongar town. Therefore, health care should not be a constraint. With regards to drinking water, the villagers have been facilitated with drinking tap water located just about 10 meters from their houses. In contrary to this available facility, there are no public drainage systems or any toilets. Socio-economic Activity: Ninety percent of the villagers occupation is related to agriculture production. The main cash crops are chilies and vegetables. The types of vegetables being sold are cabbages, beans, peas and radish. The average size of land owned per family is 2.0 acre and maize is ranked as top ranking followed by chilies. The vegetables are being sold in Mongar town and the source of transportation is horse and back load. Chali: The settlement pattern of villages is scattered. There are 63 houses in Chali gewog and the total number of settlement is 250 numbers. The average number of household size is 7 members according to the census status but not all are residing in their villages. Only about 3-4 persons per household are residing as rest of the family members are outside villages working in construction sites as laborers and some are found as enrolled in monk body in monasteries. Education: There is one primary school located in the middle of Chali gewog. Children after passing from this primary school go to high school in Mongar which is about 2-3 hours journey (one way). The household interview survey shows that the average education level in the village is only up-to primary level. But, this does not mean that all the people of the villagers have attained only up-to primary level education as the household interview survey was only for 20%. Apart from education, there is an ORC facility provided by the health division. The ORC is out-reached clinic wherein one health staff comes every week/month to a certain village location in order to check the health care of the people and for distribution of medicines to the sick people. With regards to drinking water, the villagers have been facilitated with drinking water taps located just about 10 meters from their houses. In contrary to this available facility, there are no public drainage systems or any toilets. Socio-economic Activity: Eighty percent of the villagers occupation is related to agriculture activities and production followed by 10% as wage labour and 10% employed in government. The main cash crops grown are chilies and vegetables. The types of vegetables being sold are cabbages, beans, peas and radish. Chakaling: The settlement pattern of villages is scattered. There are 302 houses in Chakaling gewog and the total number of settlement is over 2000 numbers. The average number of household size is 6 members and the female-headed houses comprised of only 20 households. The above average number of each household family size is 6 members according to the census status but actually there are only 3-4 members residing in each household. Education: There is one primary school located in Chakaling gewog. Children after passing from this primary school goes to high school in Mongar which is about 3-4 hours journey (one way, but cannot commute). The household interview survey stated that the average education level of the villagers is only up-to primary to high school level. Apart from education, there is one BHU (Basic Health Unit) facility provided by the health division. With regards to drinking water, the villagers have been facilitated with drinking ware taps located just about 10 meters from their houses. In contrary to this available facility, there are no public drainage systems or any toilets. 17

20 Socio-economic Activity: Ninety percent of the villagers occupation is related to agriculture activities and production followed by 3% as wage labour and 7% employed in government. The main cash crops are chilies and vegetables. The types of vegetables being sold are cabbages, beans, peas and radish. Tshengkhar: The settlement pattern of villages is scattered. There are 382 houses in Tshengkhar gewog and the total number of settlement is over 1655 numbers. The average number of household size is 6 members and this figure has been derived strictly based on census record. Actually, there are only 3-4 members residing in each household. Majority of the youngster goes out in search of better job and never comes back to their villages. Therefore, only those persons presently residing in their respective villages are considered as affected persons if their part of land is acquired by the road alignment. Education: There is one primary school located in Autsho, which is about one hour journey (one way). Children after passing from this primary school go to high school either in Lhuntse or in Mongar. The household interview survey states that the average education level of the villagers is only up-to primary level. Apart from education, there is one BHU (Basic Health Unit) facility located in Autsho, which is provided by the health division. With regards to drinking water, the villagers have been facilitated with drinking water taps located just about 10 meters from their houses. In contrary to this available facility, there are no public drainage systems or any toilets. Socio-economic Activity: Ninety-nine percent of the villagers occupation is related to agriculture activities and 10% in employed in government. The only main cash crop is chilies and some common vegetables. The types of common vegetables being sold are cabbages, beans, peas and radish, which are sold to Autsho town. The average cultivable land is between 1.0 to 2.0 acre, which comprised of dry land and wetland. Maize is the major cereal crop. 5.2 Women activities Women are involved in agriculture activities mainly, transplanting paddy, weeding and harvesting. Women are also equally involved in tending cattle s. Apart from these activities, women are also involved in vegetable cultivation and their marketing. Purchasing of need base household items are also being carried out by women. Since 60% of the households are being headed by women, it is assumed that the decision makers pertaining to household s activities are equal or more by women. 5.3 Mitigation measures The affected households will be compensated land for land and this may result in some substitute lands not being productive. Therefore, the government will compensate not only by providing substitute land but also half the value of land in cash to enable the affected person to restore their livelihood by converting the substitute land into productive land. As stated in the entitlement matrix, assistance to be provided by the DoR includes distribution of free seedlings to the affected persons. The women headed households will be provided with economic rehabilitation grant, according to the entitlement framework. As a result of this, women in particular may not be adversely affected or disadvantaged. 6.0 INFORMATION DISSEMINATION, CONSULTATION, PARTICIPATORY APPROACH AND DISCLOSURE REQUIREMENTS 6.1 Consultation The primary stakeholders of the project have been identified as those residing in and around the vicinity of the proposed feeder road. Apart from the APs, the other stakeholders identified are; MoWHS (DOR), MoA, (Land and Survey Division) and Dzongkhag Administration (DAO, FO, Land Record Officer, Gup, Mangiap, Village Headmen). Focus group discussions were conducted with the stakeholders at village Pela-Brakhu (Tshengkhar), Mongar (Gup office, Mongar), Chali (Chali Goenpa) and at Takhambi (Chakaling). There were 25 18